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Lyman Lumber of Wisconsin3/29/2005
enced, the amount in controversy was significant, the litigation was time-consuming, and the services were skillfully provided-all factors that would seem to suggest a finding of reasonableness would follow-the court nonetheless reduced the hourly rate. The court did not adjust the quantity of hours billed, but merely noted the local rates without stating the rate Lyman's attorney charged, why the rate was unreasonable when compared to the local rates, or how the court determined the local rate. Indeed, while parties are not generally permitted to seek the most expensive attorney solely for cost's sake, nothing requires litigants to hire an attorney from a given locality, particularly if local counsel may not be knowledgeable about the subject in controversy. See Standard Theatres, 118 Wis. 2d at 743-44.
. The supreme court rule provides a list of factors to be considered when evaluating the reasonableness. Thus, we think that a comparison of local rates is generally not, standing alone, prima facie justification for finding a fee unreasonable particularly when the court finds factors that appear to otherwise support a determination of reasonableness. Otherwise, courts would not be asked to consider multiple factors, but only a fee comparison. In this case, Lyman contends that its average rate in this case was approximately $175 per hour. The court determined the local rate to be $125-150. But it appears the court adjusted the fee based solely on the comparison of rates, ignoring its other findings. This is an erroneous exercise of discretion, and we therefore reverse the portion of the order adjusting Lyman's attorney fees and remand the case to the trial court for reconsideration of the fees. See Barrera v. State, 99 Wis. 2d 269, 282, 298 N.W.2d 820 (1980) (an appellate court must not exercise the trial court's discretion).
By the Court.-Judgments affirmed in part; reversed in part and cause remanded with directions. No costs on appeal.
Not recommended for publication in the official reports.
Ordered not published (04-29-2005).
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